79–006

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–830

AMENDING THE YSLETA DEL SUR PUEBLO AND ALABAMA

AND COUSHATTA INDIAN TRIBES OF TEXAS RESTORATION ACT

SEPTEMBER 7, 2000.—Committed to the Committee of the Whole House on the State

of the Union and ordered to be printed

Mr. YOUNG of Alaska, from the Committee on Resources,

submitted the following

R E P O R T

[To accompany H.R. 1460]

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill

(H.R. 1460) to amend the Ysleta del Sur Pueblo and Alabama and

Coushatta Indian Tribes of Texas Restoration Act to decrease the

requisite blood quantum required for membership in the Ysleta del

Sur Pueblo tribe, having considered the same, report favorably

thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of H.R. 1460 is to amend the Ysleta del Sur Pueblo

and Alabama and Coushatta Indian Tribes of Texas Restoration

Act to decrease the requisite blood quantum required for membership in the Ysleta del Sur Pueblo tribe.

BACKGROUND AND NEED FOR LEGISLATION

H.R. 1460 would amend the Ysleta del Sur Pueblo and Alabama

and Coushatta Indian Tribes of Texas Restoration Act (Public Law

100–89, 25 U.S.C. 1300g et seq.) to decrease the requisite blood

quantum required for membership in the Ysleta del Sur Pueblo

tribe, also known as the Tigua Indian Tribe. That 1987 Act, which

restored recognition to the Tribe, requires that this Tribe’s members have a blood quantum of at least one-eighth to qualify for tribal membership.

All federally-recognized Indian tribes have the power to determine their own membership criteria, including their own blood

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quantum requirements. However, this power can be, and at this

Tribe’s insistence, has been superseded by Congress. H.R. 1460

would amend the Tribe’s blood quantum requirement from oneeighth to one-sixteenth at the request of the Tribe.

There are currently 1,252 members of the Tribe. However, if the

current blood quantum requirements remain in effect, the membership of Tribe would be reduced significantly within three generations. To date, 27 individuals have been removed from the Tribe’s

rolls because their blood quantum has been determined to be below

the requisite minimum now mandated by law. Upon enactment of

H.R. 1460 those individuals would be eligible to petition for re-enrollment in the Tribe.

COMMITTEE ACTION

H.R. 1460 was introduced on April 15, 1999, by Congressman

Silvestre Reyes (D–TX). The bill was referred to the Committee on

Resources. On July 26, 2000, the Full Resources Committee met to

mark up the bill. No amendments were offered and the bill was ordered favorably reported to the House of Representatives by unanimous consent.

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in

the body of this report.

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States

grants Congress the authority to enact this bill.

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of Rule XIII of the Rules of

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974.

2. Congressional Budget Act. As required by clause 3(c)(2) of rule

XIII of the Rules of the House of Representatives and section

308(a) of the Congressional Budget Act of 1974, this bill does not

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures.

3. Government Reform Oversight Findings. Under clause 3(c)(4)

of rule XIII of the Rules of the House of Representatives, the Committee has received no report of oversight findings and recommendations from the Committee on Government Reform on this

bill.

4. Congressional Budget Office Cost Estimate. Under clause

3(c)(3) of rule XIII of the Rules of the House of Representatives and

section 403 of the Congressional Budget Act of 1974, the ComVerDate 11-MAY-2000 22:25 Sep 09, 2000 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR830.XXX pfrm03 PsN: HR830
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mittee has received the following cost estimate for this bill from the

Director of the Congressional Budget Office:

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, August 15, 2000.

Hon. DON YOUNG,

Chairman, Committee on Resources,

House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1460, a bill to amend the

Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes

of Texas Restoration Act to decrease the requisite blood quantum

required for membership in the Ysleta del Sur Pueblo tribe.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contacts are Lanette J. Keith, and

Eric Rollins.

Sincerely,

ARLENE HOLEN

(For Dan L. Crippen, Director).

Enclosure.

H.R. 1460—A bill to amend the Ysleta del Sur Pueblo and Alabama

and Coushatta Indian Tribes of Texas Restoration Act to decrease the requisite blood quantum required for membership in

the Ysleta del Sur Pueblo tribe

H.R. 1460 would decrease the level of blood required for membership in the Ysleta del Sur Pueblo tribe. Currently, individuals must

have a blood quantum level of at least one-eighth to qualify for

tribal membership. This bill would change that level to one-sixteenth for the Ysleta del Sur Pueblo tribe.

CBO estimates that implementing H.R. 1460 would cost the federal government $5 million over the 2001–2005 period, assuming

that the tribes receives health services and benefits at a level similar to currently recognized tribes and that the necessary funds are

appropriated. Enacting H.R. 1460 would not affect direct spending

or receipts; therefore, pay-as-you-go procedures would not apply.

H.R. 1460 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would

impose no costs on state, local, or tribal governments.

Although the bill does not specifically authorize the appropriation of funds, it would increase the number of people eligible to join

the Ysleta del Sur Pueblo tribe, and thus become eligible for health

service benefits available to members of federally recognized Indian

tribes. The Indian Health Service (IHS) could seek additionally

funds to provide benefits to new tribal members.

Based on information from IHS, CBO estimates that the average

annual cost of health service and benefits provided tribal members

is about $1,500 per individual. Based on information from the Bureau of Indian Affairs, CBO estimates that enacting H.R. 1460

would increase the population of the Ysleta del Sur Pueblo tribe by

about 550 members in 2001. Therefore, CBO estimates that H.R.

1460 would cost the federal government about $1 million each year.

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The CBO staff contacts for this estimate are Lanette J. Keith,

and Eric Rollins. This estimate was approved by Peter H. Fontaine,

Deputy Assistant Director for Budget Analysis.

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates.

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the

House of Representatives, changes in existing law made by the bill,

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic,

existing law in which no change is proposed is shown in roman):

SECTION 108 OF THE YSLETA DEL SUR PUEBLO AND

ALABAMA AND COUSHATTA INDIAN TRIBES OF TEXAS

RESTORATION ACT

SEC. 108. TRIBAL MEMBERSHIP.

(a) IN GENERAL.—The membership of the tribe shall consist of—

(1) the individuals listed on the Tribal Membership Roll approved by the tribe’s Resolution No. TC–5–84 approved December 18, 1984, and approved by the Texas Indian Commission’s

Resolution No. TIC–85–005 adopted on January 16, 1985; and

(2) a descendant of an individual listed on that Roll if the

descendant—

(i) has ø1⁄8¿ 1⁄16 degree or more of Tigua-Ysleta del Sur

Pueblo Indian blood, and

(ii) is enrolled by the tribe.

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